State v. DeMasi

419 A.2d 285, 1980 R.I. LEXIS 1801
Supreme Court of Rhode Island·Decided August 29, 1980·No. 78-35-C.A., 79-36-C.A.·Published·Cited by 36 cases

Opinions

OPINION

BEVILACQUA, Chief Justice.

These are consolidated appeals from the defendants’ convictions for breaking and entering in the nighttime with intent to commit larceny, in violation of G.L.1956 (1969 Reenactment) § 11-8 — 4, and with stealing goods valued in excess of $500, in violation of G.L.1956 (1969 Reenactment) § 11-41-1.

At approximately 4:10 a. m. on October 8, 1974, Officer Thomas Calabro of the Paw-tucket police department was on routine patrol in an industrial section of the city when he noticed a 1968 Mercury at the intersection of Industrial Highway and Division Street. He noticed that the rear end of the car was heavily weighted down and that as the car turned left onto Division Street and crossed over some railroad [288] tracks, the back end scraped the tracks causing sparks to fly. He also noticed that as the car turned the back seat passenger looked at the police vehicle. At that point Calabro decided to stop the car. Because he temporarily lost sight of the car, however, Calabro radioed to Officer Raymond Zwol-enski, another officer in the area, that he wanted the car stopped. A short time later, both Calabro and Zwolenski regained sight of the Mercury. When they neared the vehicle, the officers turned on their flashing lights, indicating to the car to stop, and the driver pulled over. Calabro approached the vehicle on the passenger’s side, Zwolenski on the driver’s side. When he reached the stopped vehicle, Zowlenski asked the driver, defendant Lawrence M. Lanoue, for his operator’s license and vehicle registration papers. Lanoue produced a valid Rhode Island driver’s license and registration card. Calabro and Zwolenski also requested identification from the two passengers, defendant Ralph DeMasi and Edward Sitko. De-Masi identified himself as “Raymond Massey” and gave his date of birth but could produce no identification. Sitko presented a valid Massachusetts driver’s license although on another name. In spite of what appeared to be proper identification, the officers decided to extend the detention. The officers radioed police headquarters and requested a National Crime Information Center (NCIC) computer check on the three names. After about five minutes, headquarters reported the existence of an outstanding arrest warrant for Lanoue in Massachusetts.

After receiving the results of the warrant check from headquarters, the officers sent for a cruiser to transport the handcuffed Lanoue to the station. When the cruiser arrived, one of its officers, Daniel Haynes, identified Ralph DeMasi. DeMasi, who had previously identified himself as “Massey,” was also taken into custody, handcuffed, and escorted into the cruiser, apparently for giving false identification. Sitko, the other passenger, drove the Mercury to the station in the company of two police vehicles. Sometime later, at about 6 a. m., the Paw-tucket police learned that during the night a burglary had occurred in the Regina Manufacturing Company, a manufacturer of jewelry. At about 9:30 a. m., a judicial magistrate issued a warrant to search the car based on an affidavit by Lt. Norman J. Moreau of the Pawtucket police detective division. When they pried open the locked trunk, the police discovered about 500 pounds of gold and silver jewelry findings later identified as part of 1,200 pounds stolen from the Regina Company earlier that morning.

Both defendants were indicted on April 4, 1975.1 Both filed motions to suppress evidence seized from the Mercury, and DeMasi filed motions to dismiss for lack of a speedy trial.2 Before DeMasi’s trial in June 1977, his motions were heard and denied. He was convicted before a jury on June 15, 1977. The transcripts of DeMasi’s hearings were incorporated into Lanoue’s hearing on his motion to suppress. The trial justice denied the motion, which was heard on October 4,1978, immediately prior to Lanoue’s jury — waived trial at which he was also found guilty. Both defendants appealed, the appeals were consolidated, and exceptions to the rulings on the pretrial motions form the basis of the appeals.

I

Initially, we address DeMasi’s argument that he was denied his right to a speedy trial guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and by art. I, sec. 10 of the Rhode Island constitution.

The test for determining whether an accused has been denied his right to a speedy trial was set forth in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed. [289]*289101 (1972), and has been applied by this court in a number of recent cases. See, e. g., State v. Delahunt, R.I., 401 A.2d 1261 (1979); State v. Roddy, R.I., 401 A.2d 23 (1979); State v. Crescenzo, 118 R.I. 662, 375 A.2d 933 (1977). Courts confronted with lack of speedy trial claims are to consider four factors:

1. The length of the delay
2. The reason for the delay
3. The defendant’s assertion of his right to a speedy trial, and
4. The prejudice to the accused.

None of the four factors alone-is “either a necessary or sufficient condition to the finding of a deprivation of the right of speedy trial. Rather, they are related factors and must be considered together with such other circumstances as may be relevant. In sum, these factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.” Barker v. Wingo, 407 U.S. at 533, 92 S.Ct. at 2193, 33 L.Ed.2d at 118 (footnote omitted); see State v. Paquette, 117 R.I. 505, 509, 368 A.2d 566, 568 (1977).

1. Length of delay

DeMasi initially points out that thirty-two months elapsed between his arrest on October 8,1974, and the beginning of his trial on June 13, 1977, and twenty-six months between the filing of the indictment on April 4, 1975, and the trial. A lengthy delay standing alone, however, is insufficient to establish that the right to a speedy trial has been violated. State v. Crapo, 112 R.I. 729, 734, 315 A.2d 437, 440 (1974). Nonetheless, we find a delay of twenty-six months between indictment and trial “presumptively prejudicial,” a finding that triggers the necessity for an inquiry into the other three factors. See Barker v. Wingo, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 117; State v. Delahunt, R.I., 401 A.2d at 1266; State v. Roddy, R.I., 401 A.2d at 30.

2. Reason for the delay

In Barker v. Wingo, supra, the Court set out general standards against which a trial court should consider and evaluate the proffered reasons for the delay:

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State v. DeMasi, 419 A.2d 285, 1980 R.I. LEXIS 1801 (R.I. 1980).

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